DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Group I, Claims 1-17 in the reply filed on September 3, 2025 is acknowledged. Group II, Claims 18-19 have been withdrawn as being directed to a non-elected invention.
Claim Objections
Claim 1 is objected to because of the following informalities: missing space between words.
Claim 1 recites: “A reactor for producing a product gasby gasification…” There is a space missing between the word “gas” and the word “by”.
Claim 1 is objected to because of the following informalities: Unnecessary preposition.
Claim 1 recites: “…a cooling medium inlet configured to supply of fresh cooling medium…” The preposition “of” is unnecessary in this limitation.
For purposes of examination, examiner will interpret claim 1 as reciting: “…a cooling medium inlet configured to supply fresh cooling medium…”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites: “…wherein the shaped body is arranged horizontally or substantially horizontally within the cooling space having regard to the plane of its main extension, preferably arranged within the cooling space at an angle of 0º to 30º to a horizontal having regard to the plane of its main extension.” The term “preferably” is considered indefinite because it is a relative term and it is unclear as to what the meets and bounds of the claim 1.
For purposes of examination, examiner will interpret claim 7 as reciting: “…wherein the shaped body is arranged horizontally or substantially horizontally within the cooling space having regard to the plane of its main extension.”
Claim 7 recites: “…wherein the shaped body is arranged horizontally or substantially horizontally within the cooling space having regard to the plane of its main extension.” This limitation is considered indefinite because it is unclear as to what applicant refers to. It appears applicant is referring to “with respect to the plane of its main extension”.
For purposes of examination, examiner will interpret claim 7 as reciting: “…wherein the shaped body is arranged horizontally or substantially horizontally within the cooling space with respect to the plane of its main extension.”
Claim 8 recites: “…wherein the shaped body extends over the cross sectional area of the cooling space such that having regard to a projection of a plane arranged within the cooling space and below the gas duct a partial blockage of 20% to 90% of the free cross sectional area of this plane is affected.” This limitation is considered indefinite because it is unclear as to what applicant refers to. The term “such that having regard to a projection of a plane” is considered indefinite because it is unclear whether the blockage is relative to an actual plane within the cooling space or to a projection thereof. Further, it is unclear whether the claim intends to refer to a partial blockage effected by the shaped body relative to a plane or a projected area within the cooling space.
For purposes of examination, examiner will interpret claim 8 as reciting: “…wherein the shaped body extends across the cross-sectional area of the cooling space such that, with respect to a plane disposed within the cooling space below the gas duct, the shaped body effects a partial blockage of 20% to 90% of the free cross-sectional area of the plane.”
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5-7, 9, 13-15 and 17 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Tiwari et al. (US Pat. Pub. No. 2011/0120010, hereinafter Tiwari).
In regards to Claim 1, Tiwari discloses a reactor for producing a product gas by gasification of a hydrocarbon-containing fuel, comprising:
a reaction space comprising an apparatus (#11 gasifier) configured to be an inlet of a fuel (#9) and an oxidant (#12) for partial oxidation of the fuel with the oxidant thereby producing a hot product gas (syngas #13) (see figures 1-4 and paragraphs [0026]-[0027]);
a cooling space (#14, #46 gasification quench unit with vessel #50) configured for cooling the hot product gas by direct heat exchange with a cooling medium (water) (see figures 1-4 and paragraphs [0026]-[0027]);
a cooling medium inlet (not shown) configured to supply of fresh cooling medium (water) to the cooling space (see figures 2 and 4 and paragraphs [0033]-[0034]);
a cool gas outlet (#66) arranged at the side of the cooling space (#50) configured for withdrawing the product gas cooled in the cooling space (#50) (see figures 2 and 4 and paragraph [0037]);
an intermediate floor (top of vessel #50 with gas opening #53 and gas duct #54) which spatially separates the reaction space (#11) and the cooling space (#14 #46) (see figures 2 and 4 and paragraph [0033]);
a gas duct (#54) arranged in the intermediate floor and extending through the intermediate floor configured for ducting the product gas (#47) to be cooled from the reaction space (#11) to the cooling space (#14, #46) (see figures 2 and 4 and paragraph [0034]); and
a cooling medium outlet (#62) configured for withdrawing excess cooling medium from the cooling space (#14, #46) (see figures 2 and 4 and paragraph [0036]); and
a shaped body (#70, #130) arranged in the cooling space (#14, #46) which partially extends over a free cross-sectional area of the cooling space (#14, #46) and effects partial blocking of the cross-sectional area of the cooling space (#14, #46), wherein the shaped body (#70, #130) is arranged such that after flowing around the shaped body (#70, #130) at least a portion of the cooled product gas subsequently exits the reactor via the cool gas outlet (#66) of the cooling space (#14, #46) (see figures 2 and 4 and paragraphs [0038]-[0041] and [0045]-[0047]).
In regards to Claim 2, Tiwari discloses wherein the shaped body (#70, #130) is arranged such that after ducting of the product gas to be cooled from the reaction space (#11) to the cooling space (#50) and flow around the shaped body (#70, #130) in the cooling space (#50) at least a portion of the cooled product gas undergoes flow along the intermediate floor of the reactor and the cooled product gas subsequently exits the reactor via the cool gas outlet (#66) (see figures 2 and 4 and paragraph [0037]).
In regards to Claim 3, Tiwari discloses wherein the shaped body (#70, #130) is in the shape of a disc (see figures 2-5 and paragraph [0042] and [0045]).
In regards to Claim 5, Tiwari discloses wherein the disc-shaped body (#70, #130) has a hole (#84) or a recess and the hole (#84) or recess is arranged in the region of the gas duct (#54) of the reactor so that the hole (#84) surrounds the gas duct (#54) or the recess partially surrounds the gas duct (see figure 4 and paragraph [0045]).
In regards to Claim 6, Tiwari discloses wherein the shaped body (#70, #130) at least partially extending over a free cross-sectional area of the cooling space (#14, #46) is arranged on a side of the cooling space (#14, #46) of the reactor facing the cool gas outlet (#66) (see figures 2 and 4).
In regards to Claim 7, Tiwari discloses wherein the shaped body (#70, #130) is arranged horizontally or substantially horizontally within the cooling space (#14, #46) with respect to the plane of its main extension (see figures 2 and 4).
In regards to Claim 9, Tiwari discloses wherein the shaped body (#70, #130) comprises one or a plurality of passage openings (#75) (see figures 3 and 5 and paragraphs [0039] and [0042]).
In regards to Claim 13, Tiwari discloses wherein the shape of the passage openings (#75) of the shaped body (#70, #130) is selected from at least one element from the group comprising circular, cuboid, rectangular, rod-shaped or rhombic (see figures 3 and 5 and paragraphs [0039] and [0042]).
In regards to Claim 14, Tiwari discloses wherein the cool gas outlet (#66) is arranged above the shaped body (#70, #130) (see figures 2 and 4).
In regards to Claim 15, Tiwari discloses wherein the gas duct (#54) has a first end and a second end, wherein the first end is adjacent to the reaction space (#11) and the second end is adjacent to the cooling space (#14,46) and wherein the shaped body (#70, #130) is arranged adjacent to the second end of the gas duct (#54) or is joined to the second end of the gas duct (#54) (see figures 2 and 4 and paragraphs [0042] and [0045]).
In regards to Claim 17, Tiwari discloses wherein the intermediate floor of the reactor and/or the shaped body (#70, #130) are provided with flow baffle (#56, #64) or a plurality of baffles (see figure 2 and paragraph [0037]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4, 8 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Tiwari.
In regards to Claim 4, Tiwari discloses the reactor according to claim 3. Although Tiwari does not explicitly disclose wherein the disc is in the shape of a segment of a circle, changing the shape of the disc to be in the shape of a segment of a circle is a mere engineering design choice and is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.04.
In regards to Claim 8, Tiwari discloses wherein the shaped body (#70, #130) extends across the cross-sectional area of the cooling space (#14, #46) such that, with respect to a plane disposed within the cooling space (#14, #46) below the gas duct (#54), the shaped body (#70, #130) effects a partial blockage of 20% to 90% of the free cross-sectional area of the plane (see figures 2 and 4 and paragraph [0039]; Tiwari discloses wherein the damping plate #70 may act as a flow restriction mechanism that reduces the flow area through the damping plate portion of the outer chamber 60 by at least approximately 50-100 percent, and all subranges therebetween, which overlaps the claimed range of 20 to 90%, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.).
In regards to Claim 10, Tiwari discloses wherein the passage openings (#75) of the shaped body (#70, #130) define an open porosity of the shaped body (#70, #130) and the open porosity is 5% to 95% (see figures 3 and 5 and paragraphs [0039] and [0042]; Tiwari discloses the area of the holes #75 may represent approximately 1-50% of the total annular flow area available, as defined by the surface area #80 and the holes #75, which falls inside the claimed range of an open porosity of 5% to 95%, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.).
In regards to Claim 11, Tiwari discloses wherein the passage openings (#75) of the shaped body (#70, #130) define an open porosity of the shaped body (#70, #130) and the open porosity is 30% to 70% (see figures 3 and 5 and paragraphs [0039] and [0042]; Tiwari discloses the area of the holes #75 may represent approximately 1-50% of the total annular flow area available, as defined by the surface area #80 and the holes #75, which falls inside the claimed range of an open porosity of 30% to 70%, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.).
In regards to Claim 12, Tiwari discloses wherein the passage openings (#75) of the shaped body (#70, #130) define an open porosity of the shaped body (#70, #130) and the open porosity is 70% to 90% (see figures 3 and 5 and paragraphs [0039] and [0042]; Tiwari discloses the area of the holes #75 may represent approximately 1-50% of the total annular flow area available, as defined by the surface area #80 and the holes #75, which reasonably falls inside the claimed range of an open porosity of 70% to 90%, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Tiwari in view of Komai et al. (US Pat. Pub. No. 2002/0041836, hereinafter Komai).
In regards to Claim 16, Tiwari discloses the reactor as recited in claim 1, but fails to disclose one or a plurality of apparatuses for treating the product gas to be cooled with cooling medium are arranged on an inner surface or at one end of the gas duct, relocating the one or plurality of apparatuses to an inner surface or at one end of the gas duct.
However, Komai teaches a combustion type waste gas treatment system capable of oxidatively decomposing hazardous and combustible waste gas. The system comprises a combustion chamber (#120), i.e. reaction space, having an inlet for a fuel (#118) and an oxidant (#117) for partial oxidation of the fuel with the oxidant thereby producing a hot product gas, and a cooling part (#131), i.e. cooling space, for cooling the hot product gas by direct heat exchange with a cooling medium (water) (see figure 1 and paragraphs [0017]-[0018] and [0045]-[0048]). The cooling part (#131) comprises a cooling medium inlet configured to supply fresh cooling medium to the cooling space, a cool gas outlet (#134) arranged at a side of the cooling part (#131) for withdrawing the product gas cooled in the cooling part (#131), an intermediate floor spatially separating the combustion chamber (#120) from the cooling part (#131) and a gas duct formed in the intermediate floor and extending through the intermediate floor for ducting the product gas to be cooled from the combustion chamber (#120) to the cooling part (#131), and a cooling medium outlet (#135) for withdrawing excess cooling medium from the cooling space (#131). The cooling medium inlet further includes one or more nozzles (#133), i.e. one or more of apparatuses for treating the product gas to be cooled with cooling medium are arranged on an inner surface or at the one end of the gas duct, provided on the lower edge of the cooling part (#131) at equal spaces in the circumferential direction, thereby cooling the waste gas and capturing particles contained in the waste gas (see figure 1 below and paragraph [0051]).
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It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the reactor as disclosed by Tiwari by further adding one or a plurality of apparatuses for treating the product gas to be cooled with cooling medium are arranged on an inner surface or at one end of the gas duct, relocating the one or plurality of apparatuses to an inner surface or at one end of the gas duct, as claimed by the applicant, with a reasonable expectation of success, as Komai teaches a combustion type waste gas treatment system capable of oxidatively decomposing hazardous and combustible waste gas, wherein the system comprises a combustion chamber having an inlet for a fuel and an oxidant for partial oxidation of the fuel with the oxidant thereby producing a hot product gas, a cooling part, i.e. cooling space, for cooling the hot product gas by direct heat exchange with a cooling medium (water), wherein the cooling part comprises a cooling medium inlet configured to supply fresh cooling medium to the cooling space, a cool gas outlet arranged at a side of the cooling part for withdrawing the product gas cooled in the cooling part, an intermediate floor spatially separating the combustion chamber from the cooling part and a gas duct formed in the intermediate floor and extending through the intermediate floor for ducting the product gas to be cooled from the combustion chamber to the cooling part, and a cooling medium outlet for withdrawing excess cooling medium from the cooling space, whereby the cooling medium inlet further includes one or more nozzles provided on the lower edge of the cooling part at equal spaces in the circumferential direction, thereby cooling the waste gas and capturing particles contained in the waste gas (see figure 1 below and paragraph [0051]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JELITZA M PEREZ whose telephone number is (571)272-8139. The examiner can normally be reached Monday-Friday 9:00am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JELITZA M PEREZ/Primary Examiner, Art Unit 1774